Gault v. Equitable Trust Co.
Court of Appeals of Kentucky
Case 82 — PETITION EQUITY APPEAL FROM JEFFEBSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. No person not a party or privy to an action is affected in his rights by the judgment therein.
Read the full summary
Case 82 — PETITION EQUITY APPEAL FROM JEFFEBSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. No person not a party or privy to an action is affected in his rights by the judgment therein. (Cates v. Woodson, 2d Dana, 455; Lewis v. Stafford, 4th Bibb, 320; Feltman v. Butts, 8th Bush, 120; Alexander v. Slavens, 7th B. M., 356; Portwood v. Oulton, 3 B. M., 249; Clerk v. Redman, 5 J. J. M., 31; Johnson v. Thompson, 4 Bibb, 294; 0wings v. Beall, 3 Littell, 108-9; Banks v. Sharp, 6 J. J. Mar., 183; Humes v. Langston, 6 J. J. Mar., 186; Belew v. Belew, 4 Ky. L. R., 826; Bradley v. Skillman, 3d Ky. L.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court:'
In 1874 Joshua J. Hair, the owner of certain property in Louisville, gave the Equitable Trust Co. of New London, Conn., a mortgage on it to secure the sum of $5,000, evidenced by five bonds for $1,000 each, payable five years after date.
In 1875 Hair gave appellants, Joseph Gault & Sons, a mortgage on the same property to secure a debt which he owed them.
Hair failed to pay the sums due the Equitable Trust Co. and certain .taxes on the property. In 1879 it brought suit in the Federal Court to enforce its mortgage lien on the property. To this…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Miller v. TiffanySupreme Court of the United States · 1864
- Gaskell v. ViquesneyIndiana Supreme Court · 1890
- Peck v. Mayo, Follett & Co.Supreme Court of Vermont · 1842
- Sanger v. NightingaleSupreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. TandyMissouri Court of Appeals · 1904
- Horr v. HerringtonSupreme Court of Oklahoma · 1908
- Anglo-Californian Bank, Ltd. v. FieldCalifornia Supreme Court · 1908
- Longino v. Barr-Warren Commission Co.Supreme Court of Arkansas · 1907
- Milici v. FerraraSupreme Court of Connecticut · 1946
2 more not listed; retrieve them via the Exa API.